News from August 2018
Pathology expert points to talc use in mesothelioma lawsuit
LOS ANGELES – A pathology researcher on Tuesday told a jury repeated use over the years of Johnson & Johnson baby powder and the asbestos it allegedly contained likely caused plaintiff Carolyn Weirick to develop mesothelioma.
Consumer files class action against USA Fitness Center over texts allegedly sent without consent
LOS ANGELES – A Pennsylvania man alleges he received unwanted promotional text messages from a California gym chain.
Pacific Gas and Electric named in suit by family members of man killed in 2016 auto accident
FRESNO – The family members of a man killed in an auto accident in 2016 are seeking damages from a utility company.
Driver alleges motorist failed to yield in Frenso County intersection accident
FRESNO – A woman alleges she was injured when another driver failed to yield and struck her vehicle at a Fresno County intersection.
Daughter alleges talc in Johnson & Johnson products caused late mother's cancer
FRESNO – A Fresno County woman alleges her late mother's ovarian cancer was caused by her use of talc-based products for several decades.
Suits involving brain injuries among athletes could be a wake-up call for NCAA, law professor says
The widow of Jeffrey Staggs, a San Diego State linebacker who went on to play for the San Diego Chargers and who died in 2014 when he was 70, recently filed a lawsuit against the NCAA claiming wrongful death of her husband.
Appeals court rules employers have affirmative defense over rest/nonproductive time claims under labor code
SAN JOSE – The Court of Appeal of the State of California, 6th Appellate District ruled Aug. 14 that California Labor Code protects employers that pay piece-rate employees for “rest and recovery periods and other nonproductive time on the job” in accordance with laws passed on Jan. 1, 2016, from lawsuits related to payment claims for rest periods through Dec. 31, 2015.
PILLSBURY WINTHROP SHAWW PITTMAN: After Unanimous Jury Trial Victory, Judge Awards Pillsbury Client San Diego Comic-Con $4 Million in Fees
On August 23, U.S. District Court Judge Anthony J. Battaglia affirmed a unanimous December 2017 jury verdict finding that Dan Farr Productions, Dan Farr and Bryan Brandenburg (collectively DFP) infringed the “Comic-Con” family of trademarks owned by San Diego Comic Convention, by operating conventions under the name “Salt Lake Comic Con.”
MOLSBY & BORDNER LLP: Real estate disputes sparked by dual agent situation
A class action lawsuit has been filed in another state.
District court sends American Airlines uniform cases back to superior court, denies fee request
SAN FRANCISCO – A lawsuit that started out as four separate-but-related cases has been sent back to the Alameda County Superior Court from the U.S. District Court for the Northern District of California at the request of the plaintiffs, but the district court declined to order the defendants to cover the plaintiffs’ attorneys’ fees, according to an Aug. 20 ruling.
Appellate court reverses judgment in a contract dispute lawsuit over a sale of Panzer IV tank
SAN FRANCISCO – The 1st Appellate District Court of Appeal, Division Two reversed a judgment in a lawsuit centering on a contract dispute between The Collings Foundation and Auctions America By RM Inc.
Appellate court affirms $15.3 million award in Alameda-Contra Costa Transit injury lawsuit
SAN FRANCISCO – The 1st Appellate District, Division Three has upheld a $15.3 million award to a woman who sued Alameda-Contra Costa Transit District for damages in an injury lawsuit.
Supreme Court rules that consumer reporting agencies can comply with two laws without violation
SAN FRANCISCO – California's highest court upheld a judgment that the Investigative Consumer Reporting Agencies Act is not rendered unconstitutionally vague in certain instances and remanded it for further proceedings.
Appellate court upholds dismissal of suit filed to vacate Instacart shopper's arbitration ruling
SAN FRANCISCO – A court of appeals has affirmed a decision that dismissed a case that disputed an arbitration ruling of an Instacart shopper and delivery driver.
Federal judge denies class action certification in Google action, conflict of interest 'intolerable'
In a motion asking the court to deny class certification, Google focused on the lead plaintiff's relationship with two law firms, and a third one that later joined the action.
Consumer alleges Chevrolet vehicle she purchased in 2012 has defects, seeks replacement
FRESNO – A Clovis resident alleges a vehicle she purchased nearly six years ago has defects and seeks either replacement or restitution.
Westco Equities maintenance worker alleges he was not paid minimum wages
FRESNO – A maintenance worker alleges that his former employers timekeeping procedures did not accurately track all the hours he worked.
Shiralian Enterprises alleges Richard Herzog Construction breached contract
FRESNO – A Fresno County construction company is alleged to have failed to provide the kilowatt reduction contracted in a solar panel project.
Fresno County farmer alleges Syngenta snap bean seeds were defective
FRESNO – A farm owner alleges she sustained a loss of more than $500,000 as a result of defective snap bean seeds.
Judge sees no conflict for law firm in patent dispute, rejects bid to transfer case to Texas
SAN FRANCISCO – The U.S. District Court for the Northern District of California recently denied a motion to transfer a patent dispute between Simpson Strong-Tie Co. and OZ-Post International to Texas and also denied a motion to disqualify counsel for OZ-Post.